One year after an Army reservist went on a mass shooting spree in Lewiston, Maine, attorneys representing survivors and victims’ families on Tuesday moved forward with a negligence claim against the federal government, resulting in 100. It was announced that the path may be opened for individual lawsuits in the case.
The plaintiffs have sent legal notices of intent to sue the Department of Defense, the Army and Keller Army Regional Hospital in West Point, New York, for failing to respond to warnings and threats made months ago by gunman Robert Card. It is claimed as. He killed 18 people at a bowling alley and bar on October 25th.
“Today marks the first step toward ensuring accountability and justice for the families and victims of the deadliest mass shooting in Maine history,” attorney Benjamin Gideon of Gideon Aasen LLC said in a statement.
LEGAL NOTICE IS NOT PART OF A CLASS ACTION. Four law firms represent 100 individuals.
One of these, the Texas National Court Act, helped survivors and families of those killed in the 2017 Sutherland Springs, Texas, church shooting by Air Force members. The federal government was partially held responsible in the case, and survivors agreed to a settlement last year after a Justice Department appeal.
The Maine case similarly focuses on actions by federal and military officials.
The law firms said the US has six months to investigate and evaluate the claim, and if the US denies the claim or refuses to act (whichever comes first), the claimant will He said the lawsuit could proceed in federal court.
“If the United States chooses to take no action and let time run out on our claims, we will file our lawsuit within six months and one day from today,” Gideon added. “We are committed to moving forward and ensuring accountability and justice for our clients.”
Major reports released in recent months have revealed possible failures by the military, law enforcement officers and hospital staff, and how the shooting could have been avoided.
The 40-year-old gunman was found dead by suicide after a two-day manhunt.
An internal military report in July examining the Army’s response found that the unit did not follow certain procedures after Card was involved in a push-and-run incident with another reservist in July 2023. , revealed how Mr. Card ended up being admitted to the psychiatric ward of a private hospital for two years. A few weeks. According to a military investigation, his symptoms at the time included psychosis and homicidal ideation, and a “hit list” was created.
The Army then banned Card from accessing weapons while on duty.
A separate independent report released by a state commission in August found that while the shooter was solely responsible for his actions, other failures were also involved, including that Card Squad leaders “We failed to take the necessary steps to mitigate the threat he posed to the public.” ”, continued to engage in care despite “strong recommendations” from mental health providers, including ensuring that weapons were removed from the home. The commission also found that his unit “failed to share” all information it knew about past threats against local sheriff’s offices.
Additionally, the commission said medical staff at Keller Army Regional Hospital, where the cards were first evaluated last year, did not file a so-called Safety Act notice. This report is used to alert authorities when people may pose a danger to themselves or others.
The military and independent commission report also detailed how Card’s family alerted the Sagadahoc County Sheriff to his deteriorating mental condition. The report also states that law enforcement has good reason to invoke Maine’s “yellow flag” law, which allows them to confiscate people’s firearms if they appear to be a threat to themselves or others. However, it was not actually implemented.
Sagadahoc County Sheriff Joel Merry said after the shooting that the Army Reserve alerted his department about Card threatening to “shoot up” a National Guard base in Saco, Maine. Merry said she sent a deputy to Card’s home in Bowdoin, near Lewiston, but after police were unable to find Card, she sent a statewide alert to law enforcement.
Also under scrutiny is whether Card’s years of exposure to low-level explosions as a military grenade instructor were linked to the “severe” traumatic brain injury that researchers found evidence of this year. There is. The military denied in its report that the brain-related injuries were related to his service.
According to the plaintiffs’ notice, Card “never received the services and assistance he needed” and was “returned to the community without a plan to address the ongoing risk he posed to the community.” claims.
The military did not immediately respond to a request for comment on the negligence claims.
Despite clear warning signs, the definitive motive for the massacre remains unclear. Mr Card’s family said he had been wearing high-performance hearing aids for several months and claimed he had been hearing voices and had become increasingly paranoid.
Cynthia Young, whose husband William and son Aaron, 14, were killed at the bowling alley, told a court this month that she would like to see Card’s mental state and other records as part of efforts to determine why the shooting happened. gained access to.
“While the shooting was terrible, it is even more tragic that he was not shot when he had so many opportunities to prevent it,” Young said in a statement provided by his attorney.
